Employment Insurance (EI)

Decision

[1] The Tribunal refuses leave to appeal to the Appeal Division of the Social Security Tribunal.

Introduction

[2] On June 19, 2015, the General Division of the Tribunal determined that:

• - The allocation of earnings was correctly applied pursuant to sections 35 and 36 of the Employment Insurance Regulations (the “Regulations”).

[3] The Applicant requested leave to appeal to the Appeal Division on July 24, 2015.

Issue

[4] The Tribunal must decide if the appeal has a reasonable chance of success.

The law

[5] According to subsections 56(1) and 58(3) of the Department of Employment and Social Development Act (the “DESD Act”), “an appeal to the Appeal Division may only be brought if leave to appeal is granted” and “the Appeal Division must either grant or refuse leave to appeal”.

[6] Subsection 58(2) of the DESD Act provides that “leave to appeal is refused if the Appeal Division is satisfied that the appeal has no reasonable chance of success”.

Analysis

[7] Subsection 58(1) of the DESD Act states that the only grounds of appeal are the following:

1. (a) The General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
2. (b) The General Division erred in law in making its decision, whether or not the error appears on the face of the record; or
3. (c) The General Division based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.

[8] The General Division found that an allocation of WSIB monies, pursuant to sections 35 and 36 of the Regulations, was correctly applied for the period from January 20, 2012 to July 23, 2012.

[9] In his application for leave to appeal, the Applicant simply states that he disagrees with the decision of the General Division.

[10] Unfortunately for the Applicant, he has not identified any errors of jurisdiction or law nor identified any erroneous findings of fact which the General Division may have made in a perverse or capricious manner or without regard for the material before it, in coming to its decision.

[11] After review of the docket of appeal, the decision of the General Division and the arguments of the Applicant in support of his application for leave to appeal, the Tribunal finds that the appeal has no reasonable chance of success.

Conclusion

[12] The Tribunal refuses leave to appeal to the Appeal Division of the Social Security Tribunal.